[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Notices]
[Pages 19020-19022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7119]


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DEPARTMENT OF THE INTERIOR

National Park Service


List of Programs Eligible for Inclusion in Fiscal Year 2007 
Funding Agreements To Be Negotiated With Self-Governance Tribes

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: This notice lists programs or portions of programs that are 
eligible for inclusion in Fiscal Year 2007 funding agreements with 
self-governance tribes and lists programmatic targets pursuant to 
section 405(c)(4) of the Tribal Self-Governance Act.

DATES: This notice expires on September 30, 2007.

ADDRESSES: Inquiries or comments regarding this notice may be directed 
to the American Indian Liaison Office, 1201 Eye Street, NW., (Org. 
2560, 9th Floor), Washington, DC 20005.

SUPPLEMENTARY INFORMATION:

I. Background

    Title II of the Indian Self-Determination Act Amendments of 1994 
(Pub. L. 103-413, the ``Tribal Self-Governance Act'' or the ``Act'') 
instituted a permanent self-governance program at the Department of the 
Interior (DOI). Under the self-governance program certain programs, 
services, functions, and activities, or portions thereof, in DOI 
bureaus other than the Bureau of Indian Affairs (BIA) are eligible to 
be planned, conducted, consolidated, and administered by a self-
governance tribal government.
    Under section 405(c) of the Act, the Secretary of the Interior is 
required to publish annually: (1) A list of non-BIA programs, services, 
functions, and activities, or portions thereof, that are eligible for 
inclusion in agreements negotiated under the self-governance program; 
and (2) programmatic targets for these bureaus.
    Under the Act, two categories of non-BIA programs are eligible for 
self-governance funding agreements (AFAs):
    (1) Under section 403(b)(2) of the Act, any non-BIA program, 
service, function or activity that is administered by DOI that is 
``otherwise available to Indian tribes or Indians,'' can be 
administered by a tribal government through a self-governance funding 
agreement. The Department interprets this provision to authorize the 
inclusion of programs eligible for self-determination contracts under 
Title I of the Indian Self-Determination and Education Assistance Act 
(Pub. L. 93-638, as amended). Section 403(b)(2) also specifies 
``nothing in this subsection may be construed to provide any tribe with 
a preference with respect to the opportunity of the tribe to administer 
programs, services, functions and activities, or portions thereof, 
unless such preference is otherwise provided by law.''
    (2) Under section 403(c) of the Act, the Secretary may include 
other programs, services, functions, and activities or portions thereof 
that are of ``special geographic, historical, or cultural 
significance'' to a self-governance tribe.
    Under section 403(k) of the Act, funding agreements cannot include 
programs, services, functions, or activities that are inherently 
Federal or where the statute establishing the existing program does not 
authorize the

[[Page 19021]]

type of participation sought by the tribe. However, a tribe (or tribes) 
need not be identified in the authorizing statutes in order for a 
program or element to be included in a self-governance funding 
agreement. While general legal and policy guidance regarding what 
constitutes an inherently Federal function exists, we will determine 
whether a specific function is inherently Federal on a case-by-case 
basis considering the totality of circumstances.

Response to Comments

    The Office of Self-Governance requested comments on the proposed 
list on June 14, 2006. A number of editorial and technical changes were 
provided by Interior's bureaus and incorporated into this Notice. While 
the Notice of June 14, 2006, illustrated all eligible non-BIA programs 
for DOI, this Notice is particular to the National Park Service.

II. Eligible non-BIA Programs of the National Park Service

    Below is a listing of the types of non-BIA programs, or portions 
thereof, that may be eligible for self-governance funding agreements 
because they are either ``otherwise available to Indians'' under Title 
I and not precluded by any other law, or may have ``special geographic, 
historical, or cultural significance'' to a participating tribe. The 
list represents the most current information on programs potentially 
available to tribes under a self-governance funding agreement.
    The National Park Service will also consider for inclusion in 
funding agreements other programs or activities not included below, but 
which, upon request of a self-governance tribe, the National Park 
Service determines to be eligible under either sections 403(b)(2) or 
403(c) of the Act. Tribes with an interest in such potential agreements 
are encouraged to begin such discussions.
    The National Park Service administers the National Park System, 
which is made up of national parks, monuments, historic sites, 
battlefields, seashores, lake shores, and recreation areas. The 
National Park Service maintains the park units, protects the natural 
and cultural resources, and conducts a range of visitor services such 
as law enforcement, park maintenance, and interpretation of geology, 
history, and natural and cultural resources.
    Some elements of the following programs may be eligible for 
inclusion in a self-governance funding agreement. This listing below 
was developed considering the proximity of an identified self-
governance tribe to a national park, monument, preserve, or recreation 
area and the types of programs that have components that may be 
suitable for contracting through a self-governance agreement. This 
listing is not all-inclusive, but is representative of the types of 
programs which may be eligible for tribal participation through a 
funding agreement.

a. Archaeological Surveys
b. Comprehensive Management Planning
c. Cultural Resource Management Projects
d. Ethnographic Studies
e. Erosion Control
f. Fire Protection
g. Gathering Baseline Subsistence Date, Alaska
h. Hazardous Fuel Reduction
i. Housing Construction and Rehabilitation
j. Interpretation
k. Janitorial Services
l. Maintenance
m. Natural Resource Management Projects
n. Operation of Campgrounds
o. Range Assessment, Alaska
p. Reindeer Grazing, Alaska
q. Road Repair
r. Solid Waste Collection and Disposal
s. Trail Rehabilitation
t. Watershed Restoration and Maintenance
u. Beringia Research
v. Elwha River Restoration

Locations of National Park Service Units With Close Proximity to Self-
Governance Tribes

    1. Bering Land Bridge National Park, Alaska.
    2. Cape Krusenstern National Monument, Alaska.
    3. Gates of the Arctic National Park & Preserve, Alaska.
    4. Glacier Bay National Park and Preserve, Alaska.
    5. Katmai National Park and Preserve, Alaska.
    6. Kenai Fjords National Park, Alaska.
    7. Klondike Gold Rush National Historical Park, Alaska.
    8. Kobuk Valley National Park, Alaska.
    9. Lake Clark National Park and Preserve, Alaska.
    10. Noatak National Preserve, Alaska.
    11. Sitka National Historical Park, Alaska.
    12. Wrangell-St. Elias National Park and Preserve, Alaska.
    13. Yukon-Charley Rivers National Preserve, Alaska.
    14. Casa Grande Ruins National Monument, Arizona.
    15. Hohokam Pima National Monument, Arizona.
    16. Montezuma Castle National Monument, Arizona.
    17. Organ Pipe Cactus National Monument, Arizona.
    18. Saguaro National Park, Arizona.
    19. Tonto National Monument, Arizona.
    20. Tumacacori National Historical Park, Arizona.
    21. Tuzigoot National Monument, Arizona.
    22. Arkansas Post National Memorial, Arkansas.
    23. Joshua Tree National Park, California.
    24. Lassen Volcanic National Park, California.
    25. Redwood National Park, California.
    26. Whiskeytown National Recreation Area, California.
    27. Hagerman Fossil Beds National Monument, Idaho.
    28. Effigy Mounds National Monument, Iowa.
    29. Fort Scott National Historic Site, Kansas.
    30. Tallgrass Prairie National Preserve, Kansas.
    31. Boston Harbor Islands, a National Park Area, Massachusetts.
    32. Cape Cod National Seashore, Massachusetts.
    33. New Bedford Whaling National Historical Park, Massachusetts.
    34. Sleeping Bear Dunes National Lakeshore, Michigan.
    35. Grand Portage National Monument, Minnesota.
    36. Voyageurs National Park, Minnesota.
    37. Bear Paw Battlefield, Nez Perce National Historical Park, 
Montana.
    38. Glacier National Park, Montana.
    39. Great Basin National Park, Nevada.
    40. Aztec Ruins National Monument, New Mexico.
    41. Bandelier National Monument, New Mexico.
    42. Carlsbad Caverns National Park, New Mexico.
    43. Chaco Culture National Historical Park, New Mexico.
    44. White Sands National Monument, New Mexico.
    45. Fort Stanwix National Monument, New York.
    46. Cuyahoga Valley National Park, Ohio.
    47. Hopewell Culture National Historical Park, Ohio.
    48. Chickasaw National Recreation Area, Oklahoma.
    49. John Day Fossil Beds National Monument, Oregon.
    50. Alibates Flint Quarries National Monument, Texas.
    51. Guadalupe Mountains National Park, Texas.

[[Page 19022]]

    52. Lake Meredith National Recreation Area, Texas.
    53. Ebey's Landing National Recreation Area, Texas.
    54. Mt. Rainier National Park, Washington.
    55. Olympic National Park, Washington.
    56. San Juan Islands National Historical Park, Washington.
    57. Whitman Mission National Historic Site, Washington.
    For questions regarding self-governance contact Dr. Patricia 
Parker, Chief, American Indian Liaison Office, National Park Service, 
1201 Eye Street, NW., (Org. 2560, 9th Floor), Washington, DC 20005, 
telephone 202-354-6965, fax 202-371-6609.

III. Programmatic Targets

    During Fiscal Year 2007, upon request of a self-governance tribe, 
the National Park Service will negotiate funding agreements for its 
eligible programs beyond those already negotiated.

    Dated: March 13, 2007.
David Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E7-7119 Filed 4-13-07; 8:45 am]
BILLING CODE 4312-52-P